Bird v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Bird, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 4th day of May, 1896, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Queens. The action was brought to recover damages for personal injuries eaused by the alleged negligence of the defendant.
1Opinion of the Court
Hatch, J.:
The plaintiff was a brakeman upon defendant’s railroad, and while engaged in the performance of his duties his foot was caught in a portion of a planked space between the rails of the track, and before he could extricate himself he was run over by a moving car and suffered severe injuries, resulting in the amputation of the left leg and an injury to the right. At the close of the plaintiff’s proof defendant moved for a dismissal of the complaint upon these grounds: “First, that the plaintiff has failed to show any negligence on the part of the defendant; second, that the plaintiff…
2Cases cited1 opinion
- Fredenburg v. Northern Central Railway Co.New York Court of Appeals · 1889
3Cited by3 opinions
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Skelka v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Coxhead v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1897